The Supreme Court (General Division) has jurisdiction over a wide range of civil matters (for example, claims relating to contract disputes, torts, or property disputes). There is no upper or lower monetary limit on the claims which can be heard in Supreme Court.
Process Overview
Civil matters litigated in the Supreme Court (General Division) proceed by way of application, started by filing an Originating Application, or by way of action, started by filing a Statement of Claim.
A litigant may proceed by way of application where: (a) the sole or principal question at issue is, or is likely to be a question of law, or one of construction of a statute, will, contract or other document; (b) there is unlikely to be any substantial dispute of fact; or (c) the proceeding may be commenced by application, motion, originating summons, petition or otherwise under a statute (see rule 5.02(1)). Every other proceeding must be started by way of Statement of Claim.
The diagram below provide a simplified, high-level overview of the steps involved in an application. Note that your application may have additional or different steps. A judge may also direct that other timelines apply for serving and filing documents for use in the application. For a full understanding of the steps involved in a court action, and what each of the steps depicted below entails, please consult the Rules of the Supreme Court, 1986 linked below.
The diagram below provide a simplified, high-level overview of the steps involved in an action. Note that your action may have additional or different steps. For a full understanding of the steps involved in a court action, and what each of the steps depicted below entails, please consult the Rules of the Supreme Court, 1986 linked below.
The Civil Law Handbook for Self-Represented Litigants, prepared by the Canadian Judicial Council, provides information on the civil litigation process. The Court highly recommends consulting this reference if you are self-represented.
Relevant Statutes
A complete list of the Statutes of Newfoundland and Labrador may be found on the House of Assembly’s website. Links to some acts commonly referenced in civil proceedings are included below:
Rules of Procedure
The Rules of Supreme Court, 1986 govern the procedure in civil matters before the Supreme Court of Newfoundland and Labrador.
Practice Notes
The Court issues practices notes governing civil proceedings, which may affect how the rules are interpreted or applied. The official versions of the Practice Notes, issued pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986, are published in the Newfoundland and Labrador Gazette. The following Practice Notes may apply to your civil proceeding:
General
Improperly Titled Forms and Documents (P.N. No. 2018-02) – Rules affected: 4.01(1); and 4.01(3)
Filing Documents by Email (P.N. No. 2020-03) – Rules affected: 4.02A(2); and 4.02A(3)
Title of Proceeding on Court Documents (P.N. (TD) No. 2004-01) – Rules affected: 5.04(4); 7; 18; 19; and 29
Settlements Involving Minors (P.N. (TD) No. 2002-01) – Rules affected: 8.06; 8.07; 8.08
Pleadings Formal Requirements (PN. No. 2000-1) – Rules affected: 14.02
Affixing Seal (PN (TD) No. 2013-01) – Rules affected: N/A
Style of address of justices of the Supreme Court of Newfoundland, Trial Division (P.N. (TD) No. 2001-01) – Rules affected: N/A
Requesting Special Equipment for Trials (P.N. (TD) No. 2014-01) – Rules affected: N/A
Access to Judges After Hours For Emergency Purposes (P.N. (TD) No. 2002-02) – Rules affected: N/A
Class Actions
National Database of Class Proceedings (P.N. (TD) No. 2008-02) – Rules affected: 7A
Default Judgments
Assessment of Damages Following Entry of Default Judgment (P.N. (TD) No. 2008-01) – Rules affected: 16.07; 17.03; 44
Injunctions
Ex Parte Injunctions (P. N. (TD) No. 2004-02) – Rules affected: 22.01(2) (and 29.04(1); and 48.02(1))
Applications
Applications (P.N. (TD) No. 2017-02) – Rules affected: 29
Settlement Conferences
Settlement Conferences (PN. No. 2000-2) – Rules affected: 39B
Settlement Conferences: Appearance by Video-Conference and Filing Briefs (P.N. No. 2020-02) – Rules affected: 39.07; 39.10; and 39B.03
Electronic Conferencing
Virtual Appearances (P.N. No. 2022-01) – Rules affected: 47A, F41
Quieting of Titles
Quieting of Titles – Publication of Notices (PN. No. 2000-3) – Rules affected: N/A
Forms
The Rules of the Supreme Court, 1986, prescribe a number of forms. Rule 4.01(1) provides that the forms appended to the rules shall be used where applicable with such variations as the circumstances of the particular proceeding require. The official versions of the forms are found on the House of Assembly’s website. Below, you will find fillable versions of these forms, as well as other commonly used forms, for your convenience.
IMPORTANT NOTES:
*All original signatures must be in BLUE INK.
*All documents must be single-sided.
*To ensure your web browser is loading the most recent version of forms on this website, please refresh your browser by hitting the Shift + F5 keys after opening a form.
| Form 5.02A – Originating Application (Inter Partes) | Word Processor Version | PDF Version |
| Form 5.02B – Originating Application (Ex Parte) | Word Processor Version | PDF Version |
| Form 5.03A – Statement of Claim | Word Processor Version | PDF Version |
| Form 5.05A – Concurrent Originating Document | Word Processor Version | PDF Version |
| Form 6.03A – Acknowledgement of Receipt Form | Word Processor Version | PDF Version |
| Form 6.14A – Affidavit of Service | Word Processor Version | PDF Version |
| Form 7.19A – Application for Fee Waiver | Word Processor Version | PDF Version |
| Order for Fee Waiver | PDF Version | |
| Form 7.20A – Application for Costs Exemption | Word Processor Version | PDF Version |
| Form 10.01A – Defence | Word Processor Version | PDF Version |
| Form 11.02A – Counterclaim | Word Processor Version | PDF Version |
| Form 12.02A – Third Party Notice | Word Processor Version | PDF Version |
| Form 18A.06A – Request for Case Management Meeting | Word Processor Version | PDF Version |
| Form 20.01A – Notice of Payment Into Court | Word Processor Version | PDF Version |
| Form 20.03A – Notice of Acceptance of Money Paid Into Court | Word Processor Version | PDF Version |
| Form 20A(A) – Offer to Settle | Word Processor Version | PDF Version |
| Form 20A(B) – Revocation of Offer to Settle | Word Processor Version | PDF Version |
| Form 20A(C) – Acceptance of Offer to Settle | Word Processor Version | PDF Version |
| Form 20A(D) – Offer to Contribute | Word Processor Version | PDF Version |
| Form 27.03A – Applicant’s Bond for a Recovery Order | Word Processor Version | PDF Version |
| Form 27.04A – Interlocutory Recovery Order | Word Processor Version | PDF Version |
| Form 27.06A – Bond to Retain Property Under an Interlocutory Recovery Order | Word Processor Version | PDF Version |
| Form 27.13A – Order for Sheriff to Deliver Possession of Property | Word Processor Version | PDF Version |
| Form 29.02A – Interlocutory Application (Inter Partes) | Word Processor Version | PDF Version |
| Form 29.02B – Interlocutory Application (Ex Parte) | Word Processor Version | PDF Version |
| Form 30.04A – Notice of Examination | Word Processor Version | PDF Version |
| Form 31.01A – Interrogatories | Word Processor Version | PDF Version |
| Form 31.03A – Answer to Interrogatories | Word Processor Version | PDF Version |
| Form 32.01A – List of Documents | Word Processor Version | PDF Version |
| Form 32.05A – Notice to Produce for Inspection | Word Processor Version | PDF Version |
| Form 32.06A – Notice to Produce at the Trial or Hearing | Word Processor Version | PDF Version |
| Form 33.02A – Notice to Admit | Word Processor Version | PDF Version |
| Form 39B.02A – Request for Settlement Conference | Word Processor Version | PDF Version |
| Form 40.04A – Certificate of Readiness | Word Processor Version | PDF Version |
| Form 46.23A – Subpoena | Word Processor Version | PDF Version |
| Form 46.23B – Order to Bring a Prisoner as Witness | Word Processor Version | PDF Version |
| Form 46.28A – Warrant for Arrest of a Defaulting Witness | Word Processor Version | PDF Version |
| Form 47.01A – Order for Examination of Persons within the Jurisdiction | Word Processor Version | PDF Version |
| Form 47.01B – Order for Examination of Persons out of the Jurisdiction | Word Processor Version | PDF Version |
| Form 47.01C – Order for Issue of a Letter of Request of Judicial Authority out of the Jurisdiction | Word Processor Version | PDF Version |
| Form 47.01D – Letter of Request for Examination of Witness out of the Jurisdiction | Word Processor Version | PDF Version |
| Form 49.01A – Default Order | Word Processor Version | PDF Version |
| Form 49.01B – Final Order After Assessment of Damages | Word Processor Version | PDF Version |
| Form 49.01C – Summary Order Under Rule 17.02 | Word Processor Version | PDF Version |
| Form 49.01D – Order After Trial Without a Jury | Word Processor Version | PDF Version |
| Form 49.01E – Order After Trial With a Jury | Word Processor Version | PDF Version |
| Form 49.11A – Satisfaction Piece | Word Processor Version | PDF Version |
| Form 49.13A – Notice to a Non-Party | Word Processor Version | PDF Version |
| Form 49.18A – Notice of Disallowance | Word Processor Version | PDF Version |
| Form 52.02A – Interim Receivership Order | Word Processor Version | PDF Version |
| Form 52.02B – Receivership Order | Word Processor Version | PDF Version |
| Form 53.03A – Order for Appearance | Word Processor Version | PDF Version |
| Form 53.04A – Contempt Order | Word Processor Version | PDF Version |
| Generic Order | Word Processor Version | PDF Version |
| Notice of Discontinuance | PDF Version | |
| Notice of Intention to Act in Person | PDF Version | |
| Notice of Intention to Proceed | PDF Version | |
| Requisition for Searches and/or Copies | PDF Version |